Gilman v. Cate
Supreme Court of New Hampshire
From Grafton Circuit Court. Trespass, qu. cl.fr. The plaintiff moved to amend by filing a new count, as follows, viz., — “Also for that the defendants, on the thirteenth day of January, 1873, and on divers days and times, from said thirteenth day of January, 1873, to the date of the purchase of this writ, with force and arms broke and entered the plaintiff’s close, situated in said Bethlehem, bounded and described as follows : Beginning at the south-east' corner of lot 62,…
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From Grafton Circuit Court. Trespass, qu. cl.fr. The plaintiff moved to amend by filing a new count, as follows, viz., — “Also for that the defendants, on the thirteenth day of January, 1873, and on divers days and times, from said thirteenth day of January, 1873, to the date of the purchase of this writ, with force and arms broke and entered the plaintiff’s close, situated in said Bethlehem, bounded and described as follows : Beginning at the south-east' corner of lot 62, designated by number only; thence westerly to a point where formerly a spruce tree stood, marked on four sides as a…
1Opinion of the Court
FROM GRAFTON CIRCUIT COURT. When the plaintiff framed his declaration, he understood that the description therein used of the locus in quo carried the south half of lot 62 to the line running north 9 degrees east from the spruce tree; and he then, as now, expected to prove that the trespass complained of was committed upon that part of the territory then supposed to be described in the original count lying between the westerly line as he claims it, and the line 32 rods east, which the defendant claims is the true westerly line of that lot. The amended count, which he asks to insert in his…
2Cases cited4 opinions
- Stevenson v. MudgettSuperior Court of New Hampshire · 1839
- Bailey v. SmithSupreme Court of New Hampshire · 1861
- Stearns v. WrightSupreme Court of New Hampshire · 1870
- Newell v. HornSupreme Court of New Hampshire · 1867
3Cited by1 opinion
- Connell v. PutnamSupreme Court of New Hampshire · 1878